The impact of equity and restitution in commerce / edited by Peter Devonshire and Rohan Havelock.

Format:

Book

Contributor:

Devonshire, Peter, editor.

Havelock, Rohan, editor.

Series:

Hart studies in private law.

Hart studies in private law

Language:

English

Subjects (All):

Commercial law--English-speaking countries--Congresses.

Commercial law.

Equity--English-speaking countries--Congresses.

Equity.

Restitution--English-speaking countries--Congresses.

Restitution.

Physical Description:

1 online resource (313 pages)

Place of Publication:

London : Bloomsbury Publishing, 2019.

Summary:

"Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, the remaining five chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution in the context of commerce. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake."--Bloomsbury Publishing.

Contents:

Introduction : the macro level

Peter Devonshire and Rohan Havelock

Introduction : the micro level

The commercial triple helix : contract, property and unjust enrichment

Sarah Worthington

Proprietary claims to recover mistaken or unauthorised payments

Peter Jaffey

Restitution : a new start?

Lionel Smith

Doctrinal rivalry over liability for defective transfers

Rohan Havelock

Equity and the value of certainty in commercial life

Matthew Harding

Expansion of the fiduciary paradigm into commercial relationships : the Australian experience

Stephen Gageler

Deemed performance in account of profits

Lusina Ho

Forfeiture of agents? : remuneration

Peter Watts

Third-party liability of recipients of trust property

David Hayton

Account of profits for accessory liability : still in the thrall of fiduciary doctrine?

Peter Devonshire.

Notes:

Includes index.

ISBN:

9781509915675

1509915672

9781509915651

1509915656

OCLC:

1090447401